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Theodore L. Garrett is Senior Counsel at Covington & Burling LLP in Washington, D.C. Mr. Garrett advises clients on environmental compliance and related business issues and has been extensively involved in administrative proceedings and litigation, including Supreme Court cases. He is a contributing author to several books including Environmental Litigation, The Clean Water Act Handbook, and Litigators on Experts. He is a former Chair of the ABA Section of Environment, Energy and Resources. Mr. Garrett was honored in 2015 with a Lifetime Achievement Award from Whos Who International and the ABA Section of International Law. He received his B.A. from Yale College and his J.D. from Columbia Law School, and served as a law clerk to U.S. Supreme Court Chief Justice Warren E. Burger.
Region 3 – (DE, MD, PA, VA, WV & 7 federally recognized tribes)
Year of induction:
B.A. Yale College J.D. Columbia Law School
New York District of Columbia
U.S. Supreme Court USDC District of Columbia US Courts of Appeals for the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits
Professional Societies and Organizations:
-ABA Section of Environment, Energy and Resources, former Chair -Center for Public Resources, Panel of Neutrals for Environmental Matters -Columbia Law School, Environmental Advisory Committee -District of Columbia Bar former chair of the Council of Sections and Environment Committee
-The Environment and Climate Change Law Review, (2020, Law Business Research Ltd.) -Sacketts Win Right to Pre-Enforcement Review -A Victory for Ordinary Americans (Spring 2014, ABA NR&E Journal) -Environmental Crimes Under the Sentencing Guidelines, in Practice Under The Federal Sentencing Guidelines (5th ed. 2020) -The RCRA Practice Manual (ABA 2d ed. 2004)
-Advice and representation in litigation concerning environmental liabilities of buyers and sellers under agreements for the sale and purchase of manufacturing facilities. -Serving as a mediator and arbitrator in disputes concerning environmental matters. -Advice to a lender concerning potential environmental issues at facilities subject to a security interest. -Representation of clients challenging EPA interstate ozone transport regulations. -Representation of a client in a multi-Region EPA enforcement investigation of water and waste disposal issues at numerous facilities including negotiation of consent decrees. -Representing a manufacturing company in a citizen suit alleging Clean Water Act permit violations. -Representing a pharmaceutical company in a criminal investigation of water compliance issues. -Advice, agency proceedings, and enforcement and permit litigation for a petroleum refiner concerning several refineries including negotiation of new source review consent decrees. -Advice, litigation and agency proceedings concerning CERCLA and state cleanup and NRD claims at several former mining sites in the U.S. and Canada.
Citations of Major Published Cases:
Significant cases handled by Mr. Garrett include Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000) (Clean Air Act) Kelley v. EPA, 25 F.3d 1100 (D.C. Cir. 1994) (Superfund) Chemical Mfg. Ass'n v. NRDC, 470 U.S. 116 (1985) (Clean Water Act) Friends of the Earth v. Facet Enterprises, 618 F.Supp. 532 (W.D.N.Y. 1984) (Clean Water Act) American Cyanamid v. EPA, 810 F.2d 493 (5th Cir. 1987) (Clean Air Act) EPA v. National Crushed Stone Assn, 449 U.S. 64 (1980) (Clean Water Act) and Sun Oil Co. v. United States, 215 Ct.Cl. 716 (1978) (OCSLA lease).